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Basic Guide In How To Prove Discrimination
Proving discrimination in the workplace is more or less the same whether the discrimination is of race, sex, national origin or anything else that is illegal. The following information is a basic guide on how discrimination is proved. ... For example, if the employee can show that after he was fired they hired another person in his place, that would prove it was not due to a downsizing. ...
Step Five: Proving Discrimination Statistically
When there is statistical evidence that an establishment is employing minorities or women in such small numbers that the pattern is unlikely to have occurred by chance, the law presumes that the discrimination is intentional. The Supreme Court held in 1977 that a pattern or practice of intentional job discrimination exists when an employer treats some people less favorably than others as a standard operation procedure, meaning regular rather than the unusual practice. The Supreme Court has explained that a statistical imbalance is often a telltale sign of purposeful discrimination. In many cases only the available avenue of proof is the use of statistics to uncover clandestine and covert discrimination.
Approximate Word count = 929 Approximate Pages = 3.7 (250 words per page double spaced)
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